HomeMy WebLinkAboutOrd 13-05 QuarryLaneSchool
ORDINANCE NO. 13 - 05
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
************
APPROVING A DEVELOPMENT AGREEMENT FOR PA 99-064
DR. SABRI ARAC FOR QUARRY LANE SCHOOL
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. Dr. Sabri Arac has requested approval of a Development Agreement for P A 99-064, Quarry
Lane School for the construction of Phase 2 of the privately owned school at 6363 Tassajara Road to
provide an additional 70,289 square feet of classroom facilities, a gymnasium, playing field, parking and
landscaped areas loeated On the north of the northeast side of Tassajara Road, approximately 3 miles north
ofI-580 within the Eastern Dublin Specific Plan boundaries.
B. The Development Agreement and Projeet are eonsistent with the objeetives, policies, general
land uses and programs speeified in the Eastern Dublin Specific Plan/General Plan in that, a) the Eastern
Dublin SpeciÜe Plan/General Plan land use designation for the subject site is Medium Density (6.1 to 14
dwelling units per aere) Residential and Rural Residential!Agrieulture (0.01 to 0.06 dwelling units per
aere), and the proposed Quarry Lane School project is consistent with that designation which allows
eertain public/semi-public uses to serve residential development..
B. A Development Agreement is required as an implementing measure of the Eastern Dublin
Specific Plan and by the Planned Development Zoning District P A 99-064.
C. The Eastern Dublin Speeifie Plan was adopted in 1994 and has a certified Program EIR
(SCH No. 91-103064). The City of Dublin, as the Lead Agency, prepared a focused Initial Study and
Mitigated Negative Deelaration for all applications related to the Quarry Lane School project, including
the Development Agreement, in 2000. The Mitigated Negative Declaration for P A 99-064 was adopted by
the City Council on November 21, 2000.
D. The Development Agreement between the City of Dublin and Dr. Arae has been presented
to the City Council as Exhibit A, and attached hereto.
E. A public hearing on the proposed Development Agreement was held before the PlamlÎng
Commission on April 26, 2005, for which public notice was given as provided by law.
F. The Planning Commission has made its recommendation to the City Council for approval
of the Development Agreement.
G. A publie hearing on the proposed Development Agreement was held before the City
Council on May 3,2005, for whieh public notice WaS given as provided by law.
II. The City Council has eonsidered the recommendation of the Planning Commission who
eonsidered the item at the April 26, 2005 meeting, including the Planning Commission's reasons for its
reeommendation, the Agenda Statement, all comments received in writing and all testimony received at
the public hearing.
Section 2.
FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are ineorporated herein, (b) the City of
Dublin's General Plan, (c) the Eastern Dublin Gencral Plan Amendment, (d) the Specific Plan, (e) the
Quarry Lane Sehool Project EIR, (f) the Agenda Statement, and on the basis of the specifie conclusions
set forth below, the City Council finds and detennines that:
1. The Development Agreement is consistent with the objectives, polieies, general land uses
and programs speeilíed in the Eastem Dublin Specific Plan/General Plan in that, a) the Eastern Dublin
Specific Plan/General Plan land use designation for the subject site is Medium Density (6.1 to 14 dwelling
units per acre) Residential and Rural Residential!Agriculture (0.01 to 0.06 dwelling units per acre), and
that the proposed Quarry Lane School project is consístent with that designation whieh allows certain
public/semi-public uses to serve residential development; b) the project is consistent with the fiseal
policies in relation to provision of infrastructure and public services of the City's Eastem Dublin Specifie
Plan/General Plan; c) the Agreement sets forth the rules the Applicant/Developer and City wiU be
governed by during the development process whieh is required by the Eastern Dublin Specific Plan; and
the Mitigation Monitoring Progran1 of the Eastern Dublin Specifie Plan.
2. The Development Agreement is eompatible with the uses authorized in, and the regulations
prescribed for, the land use district in whieh the real property is located in that the previoLLs projeet
approvals inelude a Platmed Development (PD) Zoning Distriet, Stage 1 and 2 Development Plan, Site
Development Review, Conditional Use Permit, Mitigated Negative Deelaration, Mitigation Monitoring
Program and Annexation to the City of Dublin.
3. The Development Agreement is in eonformance with public eonvcnienee, general welfare
and good land use praetiee in that the proposed Quarry Lane Sehool project wi11 implement land use
guidelines set forth in the Eastern Dublin Specific Plan/General Plan, as proposed.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare in that the development wiU proeeed in accordance with the Agreement and any Conditions of
Approval for the Project; and
5. The Development Agreement will not adversely affect the orderly development of the
property or the preservation of property values in that the development will be consistent with the City of
Dublin Eastem Dublin Speeifie Plan/General Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement, as eontained in Exhibit A, and
authorizes the Mayor to sign the agreement accordingly.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is fully executed by all parties, the City
Clerk shall submit the Agreement to the County Recorder for recordation.
Section S. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to he posted in at least three (3)
publie plaees in the City of Dublin in aeeordanee with Section 36933 of the Governmcnt Code of the
State ofCalifomia.
PASSED AND ADOPTED BY the City Council of the City of Dublin, On this 17th day of May
2005, by the fI)l1owing votes:
AYES: Councilrnembers Hildenbrand, MeCorrniek, Oravetz, Zika and Mayor Loekhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
~ \\4.... "" ~'
City Clerk I . .
G:\CC-MTGS\2005-qtr2\May\05-17-05\ord J 3-05 Quart}' Lane VA.doc (Item 6. I)
,
Y--~27
"
City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Spaoe above this Ilno for Recordo"s Use
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
DR. SABRI ARAC
FOR THE QUARRY LANE SCHOOL PROJECT (PA 99-064)
EXHIBIT A
.'
"
GötJ 27
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and
entered in the City of Dublin on this 17th day of May, 2005, by and between the
City of Dublin, a Municipai Corporation (hereafter "City"), and Dr. Sabri Arac
("Developer"), pursuant to the authority of §§ 65864 et seq. of the California
Government Code and Dublin Municipal Code, Chapter 8.56.
RECITALS
A. California Government Code §§ 65864 et seq. and Chapter 8.56 of
the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter
into an agreement for the development of real property with any person having a
legal or equitable interest In such property in order to establish certain
development rights in such property; and
B. Developer desires to develop and holds legal Interest in certain real
property consisting of approXimately 10 acres generally described as 6363
Tassajara Road within the Eastern Dublin Specific Plan area (APN: 985-0002-
006-01) and is more particularly described in Exhibit A attached hereto and
incorporated herein by this reference, and which real property is hereafter called
the "Property"; and
C. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property; and
D. The Eastern Dublin Specific Pian requires Developer to enter into
this development agreement; and
E. Developer has applied for, and City has approved or Is processing,
various iand use approvals in connection with the development of the Project,
including Planned Development District Rezoning (City Council Ordinance No.
24-00), general provisions for the PD District Rezoning including the
Development Plan (City Council Resolution No. 24-00), and Site Development
Review (Planning Commission Resolution No. 04-046},(collectively, together
with any approvals or permits now or hereafter issued with respect to the Project,
the "Project Approvals"); and
F. Development of the Property by Developer may be subject to
certain future discretionary approvals, which, if granted, shall automatically
become part of the Project Approvals as each such approval becomes effective;
and
G. City desires the timely, efficient, orderly and proper development of
said Project; and
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
726794.2
Page 2
May 17,2005
"
G'tl-7
H. The City Council has found that, among other things, this
Agreement is consistent with Its General Plan and the Eastern Dublin Specific
Plan and has been reviewed and evaluated in accordance with Chapter 8.56;
and
I. City and Developer have reached agreement and desire to express
herein a development agreement that will facilitate development of the Project
subject to conditions set forth herein; and
J. On , the City Council of the City of Dublin adopted
Ordinance No. _ approving this Agreement. The ordinance took effect on
("the Approval Date").
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations é\nd covenants herein
contained, City and Developer agree as follows:
AGREEMENT
1. Description of Propertv.
The Property that is the subject of this Agreement is described in Exhibit A
attached hereto.
2. Interest of Deveioper.
The Deveioper has a legal or equitable interest In the Property in that It
owns the Property in fee simple.
3. Relationship of City and Developer.
It Is understood that this Agreement is a contract that has been· negotiated
and voluntarily entered into by City and Developer and that the Developer is not
an agent of City. The City and Developer hereby renounce the existence of any
form of joint venture or partnership between them, and agree that nothing
contained herein or in any document executed in connection herewith shall be
construed as making the City and Developer Joint venturers or partners.
4. Effective Date and Term.
4.1. Effective Date. The effective date of this Agreement shall be the
Approval Date.
DublinlDr. Sabri Arae Development Agreement
for Quarry Lane School Project
725794.:2.
Page 3
May 17, 2005
l'b2l
"
4.2. Ig¡:m. The term of this Agreement shall commence on the
effective date and extend five (5) years thereafter, unless said term is otherwise
terminated or modified by circumstances set forth in this Agreement.
5. Useofthe Property.
5.1. Riqht to Develop. Deveioper shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals (as and when issued), and any amendments
to any of them as shall, from time to time, be approved pursuant to this
Agreement.
5.2. Permitted Uses. The pelTllitted uses of the Property, the density
and intensity of use, the maximum height, bulk and size of proposed buildings,
provisions for reservation or dedication of land for public purposes and location
and maintenance of on-site and off-site Improvements, location of public utilities
(operated by City) and other terms and conditions of development applicable to
the Property, shall be those set forth In this Agreement, the Project Approvals
and any amendments to this Agreement or the Project Approvals.
5.3. Additional Conditions. Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto and incorporated herein by
reference.
5.3.1. Subseauent Discretionary Approvals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions.
(These conditions do not affect Developer's responsibility to obtain all
other land use approvals required by the ordinances of the City of Dublin
other approvals from regulatory agencies.)
Not Applicable
5.3.2. Mitiaation Conditions. Additional or modifjedconditlons
agreed upon by the parties In order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3. Phaslna, Timina. Provisions that the Project be constructed
in specified phases, that construction shall commence within a specified
time, and that the Project or any phase thereof be completed within a
specified time.
See Exhibit B
5.3.4. Financlna Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
DublinlDr. Sabri Arac Development Agreement
for Quarry Lane School Project
725794.2
Page 4
May 17, 2005
'8 tt7:7
"
See Exhibit B
5.3.5. Fees. Dedications. Terms relating to payment of fees or
dedication of property.
See Exhibit B
5.3.6. Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
5.3.7. Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules. Reoulations and Official Policies.
6.1. Rules re Permitted Uses. For the term of this Agreement, the City's
ordinances, resolutions, rules, regulations and official policies goveming the
permitted uses of the Property, governing density and intensity of use of the
Property and the maximum height, bulk and size of proposed buildings shall be
those in force and effect on the effective date of the Agreement.
6.2. Rules re Desion and Construction. Unless otherwise expressly
provided in Paragraph 5 of this Agreement, the ordinances, resolutions, rules,
regulations and official policies governÎng design, improvement and construction
standards and specifications applicable to the Project shall be those in force and
effect at the time of the applicable discretionary approval, whether the date of
that approval is prior to or after the date of this Agreement. Ordinances,
resolutions, rules, regulations and official policies governing design, improvement
and construction standards and specifications applicable to public improvements
to be constructed by Developer shall be those in force and effect at the time of
the applicable discretionary approval, whether date of approval is prior to or after
the date of this Agreement.
6.3. Uniform Codes Aoolicable. Unless expressly provided in .
Paragraph 5 of this Agreement, the Project shall be constructed In accordance
with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and
Fire Codes and Title 24 of the California Code of Regulations, relating to Building
Standards, in effect at the time of approval of the appropriate building. grading, or
other construction permits for the Project.
7. SubseQuentlv Enacted Rules and Reautations.
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane Sehool Project
126'194.1
Page 5
May 17. 2005
<1 ~')"-¡
7.1. New Rules and Reaulations. During the term of this Agreement,
the City may apply new or modified ordinances, rêsolutions, rules, regulations
and official policies of the City to the Property which were not in force and effect
on the effective date of this Agreement and which are not in conflict with those
applicable to the Property as set forth in this Agreement if: (a) the application of
such new or modified ordinances, resolutions, rules, regulations or official
policies would not prevent, Impose a substantial financial burden on, or materially
delay development of the Property as contemplated by this Agreement and the
Project Approvals and (b) If such ordinances, resolutions, rules, regulations or
official policies have general applicability.
7.2. Approval of Appjjcation. Nothing in this Agreement shall prevent
the City frorn denying or conditionally approving any subsequent land use permit
or authorization for the Project on the basis of such new or modified ordinances,
resolutions, rules, regulations and policies except that such subsequent actions
shall be subject to any conditions, terms, restrictions, and requirements expressly
set forth herein.
7.3. Moratorium Not Aoplicable. Notwithstanding anything to the
contrary contained herein, In the event an ordinance, resolution or other measure
is enacted, whether by action of City, by initiative, referendum, or otherwise, that
imposes a building moratorium, a limit on the rate of development or a voter-
approval requirement which affects the Project on all or any part of the Property,
City agrees that such ordinance, resolution or other measure shall not apply to
the Project, the Property, this Agreement or the Project Approvals unless the
building moratorium is imposed as part of a declaration of a local emergency or
state of emergency as defined in Government Code § 8558.
8. Subseauentlv Enacted or Revised Fees. Assessments and Taxes.
8.1.. Fees. Exactions. Dedications City and Developer agree that the
fees payable and exactions required in connection with the development of the
Project for purposes of mitigating environmental and other impacts of the Project,
providing infrastructure for the Project and complying with the Specific Plan shall
be those set forth in the Project Approvals and in this Agreement (including
Exhibit B). The City shall not impose or require payment of any other fees,
dedications of land, or construction of any public improvement orfacilities, shall
not increase or accelerate existing fees, dedications of land or construction of
public improvements, or impose other exactions in connection with any
subsequent discretionary approval for the Property, except as set forth In the
Project Approvals and this Agreement (including Exhibit S, subparagraph 5.3.5).
8.2. Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the term of this Agreement shall apply to
the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective only; and (3) the
Dublin/Dr. Sabri Arae Development Agreement
for Quarry Lane School Project
72079~2
Page 6
May 17, 2005
t%21
application of such fees would not prevent, impose a substantial financial burden
on, or materially delay development In accordance with this Agreement.
8.3. New Taxes. Any subsequently enacted city-wide taxes shall apply
to the Project provided that: (1) the application of such taxes to the Property is
prospective; and (2) the application of such taxes would not prevent development
in accordance with this Agreement.
8.4. Assessments. Nothing herein shall be construed to relieve the
Property from assessments levied against It by City pursuant to any statutory
procedure for the assessment of property to pay for infrastructure and/or services
which benefit the Property.
8.5. Vote on Future Assessments and Fees. In the event that any
assessment, fee or charge which is applicable to the Property is subject to Article
XIIID of the Constitution and Developer does not return its ballot, Developer
agrees, on behalf of Itself and Its successors, that City may count Developer's
ballot as affirmatively voting In favor of such assessment, fee or charge.
9. Amendment or Cancellation.
9.1. Modification Because of Conflict with State or Federal Laws. In the
event that state or federa/laws or regulations enacted after the effective date of
this Agreement prevent or preclude complîance with one or more provisions of
this Agreement or require changes in plans. maps or permits approved by the
City, the parties shall meet and confer in good faith in a reasonable attempt to
modify this Agreement to comply with such federal or state law or regulation.
Any such amendment or suspension of the Agreement shall be approved by the
City Council in accordance with Chapter 8.56.
9.2. Amendment bv Mutual Consent. This Agreement may be amended
in writing from time to time by mutual consent of the parties hereto and in
accordance with the procedures of State law and Chapter 8.56.
9.3. Insubstantial Amendments. Notwithstanding the provisions of the
preceding paragraph 9.2, any amendments to this Agreement which do not relate
to (a) the term of the Agreement as provided in paragraph 4.2; (b) the permitted
uses of the Property as provided in paragraph 5.2; (c) provisions for "significant"
reservation or dedication of land as provided in Exhibit B; (d) conditions. terms,
restrictions or requirements for subsequent discretionary actions; (e) the density
or intensity of use of the Project; (f) the maximum height or size of proposed
buiidings; or (g) monetary contributions by Developer as provided in this
Agreement. shall not, except to the extent otherwisE'! required by law, require
notice or public hearing before either the Planning Commission or the City
Councii before the parties nJay execute an amendment hereto. City's Public
DublinlDr. Sabri Arac Development Agreement
for Quarry Lane School Project
126794.2
Page 7
May 17. 2005
\1~7
Works Director shall determine whether a reservation or dedication is
"significant" .
9A. Amendment of Proiect ADorovals. Any amendment of Project
Approvals relating to: (a) the permitted use of the Property; (b) provision for
reservation or dedication of land; (c) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (d) the density or intensity of
use of the Project; (e) the maximum height or size of proposed buildings; (f)
monetary contributions by the Developer; or (g) public improvements to be
constructed by Developer shall require an amendment of this Agreement. Such
amendment shall be limited to those provisions of this Agreement which are
implicated by the amendment of the Project Approval. Any other amendment of
the Project Approvals, or any of them, shall not require amendment of this
Agreement unless the amendment of the Project Approval(s) relates specifically
to some provision of this Agreement.
9.5. Cancellation bv Mutual Consent. Except as otherwise permitted
herein, this Agreement may be canceled in whole or in part only by the mutual
consent of the parties or their successors in interest, In accordance with the
provisions of Chapter 8.56. Any fees paid pursuant to Paragraph 5.3 and Exhibit
ª ofthis Agreement prior to the date of cancellation shall be retained by City.
10. Term of Prolect ADDrovals.
10.1. Pursuant to California Government Code Section 66452.6(a), the
term of the vesting tentative map described in Recital F above shall automatically
be extended for the term of this Agreement. The term of any other Project
Approval shall be extended only if so provided in Exhibit B.
11. Annual Review.
11.1. Review Date'. The annual review date for this Agreement shall be
between July 15 and August 15, 2006 and each July 15 to August 15 thereafter.
11.2. Initiation of Review. The City's Community Development Director
shall initiate the annual review, as required under Section 8.56.140 of Chapter
8.56, by giving to Developer thirty (30) days' written notice that the City intends to
undertake such review. Developer shall provide evidence to the Community
Development Director prior to the hearing on the annual review, .as and when
reasonably determined necessary by the Community Development Director, to
demonstrate good faith compliance with the provisions of the Agreement. The
burden of proof by substantial evidence of compliance is upon the Developer.
11.3. Staff Reports. To the extent practical, City shall deposit in the mail
and fax to Developer a copy of all staff reports, and related exhibits conceming
contract performance at least five (5) days prior to any annual review.
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
725794,2
Page 8
May 17, 2005
/Zrv -¿l
11.4. Costs. Costs reasonably incurred by City in connection with the
annual review shall be paid by Developer in accordance with the City's scheduie
of fees in effect at the time of review.
12. Default.
12.1. Other Remedies Available. Upon the occurrence of an event of
default, the parties may pursue all other remedies at law or In equity which are
not otherwise provided for in this Agreement or In City's regulations governing
development agreements, expressly including the remedy of specific
performance of this Agreement.
12.2. Notice and Cure. Upon the OCCUlTence of an event of default by
either party, the nondefaulting party shall serve written notice of such default
upon the defaulting party. If the default is not cured by the defaulting party within
thirty (3D) days after service of such notice of default, the nondefaulting party
may then commence any legal or equitable action to enforce its rights under this
Agreement; provided, however, that if the default cannot be cured within such
thirty (3D) day period, the nondefaulting party shall refrain from any such legal or
equitable action so long as the defaulting party begins to cure such default within
such thirty (3D) day period and diligently pursues such cure to completion.
Failure to give notice shall not constitute a waiver of any default.
12.3. No Damaqes Aaainst Cltv. In no event shall damages be awarded
against City upon an event of default or upon termination of this Agreement.
13. Estoooel Certificate.
13.1. Either party may, at any time, and from time to time, request written
notice from the other party requesting such party to certify in writing that, (a) this
Agreement is in full force and effect and a binding obligation ofthe parties,
(b) this Agreement has not been amended or modified either orally or in writing,
or if so amended, identifying the amendments, aDd (c) to the knowledge of the
certifying party the requesting party is not in default in the performance of its
obligations under this Agreement, or if in default,ito describe therein the nature
and amount of any such defaults. A party receiving a request hereunder shall
execute and return such certificate within thirty (30) days following the receipt
thereof, or such longer period as may reasonablY be agreed toby the parties.
City Manager of City shall be authorized to execute any certificate requested by
Developer. Should the party receiving the request not execute and retum such
certificate within the applicable period, this shall not be deemed to be a default,
provided that such party shall be deemed to have certified that the statements in
clauses (a) through (c) of this section are true, and any party may rely on such
deemed certification.
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
"5794.2
Page e
May 17, 2005
13'b 1.7
14. Mortcacee Protection: Certain Riahts of Cure,
14.1. Mortcacee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and
for value, but all the tenns and conditions contained in this Agreement shall be
binding upon and effective against any person or entity, including any deed of
trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or
any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or
otherwise.
14.2. Mortaaaee Not Obliaated. Notwithstanding the provisions of
Section 14.1 above, no Mortgagee shall have any obligation or duty under this
Agreement, before or after foreclosure or a deed in lieu of foreclosure, to
construct or complete the construction of improvements, or to guarantee such
construction of improvements, or to guarantee such construction or completion,
or to pay, perform or provide any fee, dedication, improvements or other exaction
or imposition; provided, however, that a Mortgagee shall not be entitled to devote
the Property to any uses or to construct any improvements thereon other than
those uses or Improvements provided for or authorized by the Project Approvals
or by this Agreement.
14.3. Notice of Default to Mortaacee and Extension of Richt to Cure. If
City receives notice from a Mortgagee requesting a copy of any notice of default
given Developer hereunder and specifying the address for service thereof, then
City shall deliver to such Mortgagee, concurrently with service thereon to
Developer, any notice given to Developer with respect to any claim by City that
Developer has committed an event of default. Each Mortgagee shall have the
right during the same period available to Developer to cure or remedy, or to
commence to cure or remedy, the event of default claimed set forth in the City's
notice. City, through its City Manager, may extend the thirty-day cure period
provided in paragraph 12.2 for not more than an additional sixty (60) days upon
request of Developer or a Mortgagee.
15. Severabilitv.
15,1. The unenforceability, invalidity or illegality of any provisions,
covenant, condition or tenn of this Agreement shall not render the other
provisions unenforceable, invalid or illegal.
16. Attornevs' Fees and Costs.
16.1. If City or Developer initiates any action at law or in equity to enforce
or interpret the terms and conditions of this Agreement, the prevailing party shall
Dublin/Dr. Sabri Arac: Development Agreement
for Quarry Lane School Project
7'571<1.2
Page 10
May 17, 2005
/:"/-¡;b"}1
be entitled to recover reasonable attorneys' fees and costs in addition to any
other relief to which it may otherwise be entitled. If any person or entity not a
party to this Agreement initiates an action at law or in equity to challenge the
validity of any provision of this Agreement or the Project Approvals, the parties
shall cooperate in defending such action. Developer shall bear its own costs of
defense as a real party in interest in any such action, and shall reimburse City for
all reasonable court costs and attomeys' fees expended by City in defense of any
such action or other proceeding.
17. Transfers and Assianments.
17.1. Riaht to Assian. Developer may wish to sell, transfer or assign all
or portions of .its Property to other developers (each such other developer is
referred to as a "Transferee"). In connection with any such sale, transfer or
assignment to a Transferee, Developer may sell, transfer or assign to such
Transferee any or all rights, interests and obligations of Developer arising
hereunder and that pertain to the portion of the Property being sold or
transferred, to such Transferee, provided, however, that: no such transfer, sale or
assignment of Developer's rights, interests and oblígations hereunder shall occur
without prior written notice to City and approval by the City Manager, which
approval shall not be unreasonably withheld or delayed.
17.2. Approval and Notice of Sale. Transfer Dr Assianment. The City
Manager shall consider and decide on any transfer, sale or assignment within ten
(10) days after Developer's notice, provided all necessary documents,
certifications and other information are provided to the City Manager to enable
the City Manager to determine whether the proposed Transferee can perform the
Developer's obligations hereunder. Notice of any such approved sale, transfer or
assignment (which includes a description of all rights, interests and obligations
that have been transferred and those which have been retained by Developer)
shall be recorded in the official records of Alameda County, in a form acceptable
to the City Manager, concurrently with such sale, transfer or assignment.
17.3. Effeot of Sale, Transfer or Assianment. Developer shall be
released from any obligations hereunder sold, transferred or assigned to a
Transferee pursuant to subparägraph 17.1 of this Agreement, provided that: a)
such sale, transfer or assignment has been approved by the City Manager
pursuant to subparagraph 17.1 of this Agreement; and b) such obligations are
expressly assumed by Transferee and provided that such Transferee shall be
subject to all the provisions hereof and shall provide all necessary documents,
certifications and other necessary information prior to City Manager approval
pursuant to subparagraphs 17.1 and 17.2 of this Agreement.
17.4. Permitted Transfer. Purchase or Assianment. The sale or other
transfer of any interest in the Property to a purchaser ("Purchaser") pursuant to
the exercise of any right or remedy under a deed of trust encumbering
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
11"".2
Page 11
May17,2005
¡5¡;b7-"1
Developer's interest in the Property shall not require City Manager approval
pursuant to the provision of paragraph 17.1. Any subsequent transfer, sale or
assignment by the Purchaser to a subsequent transferee, purchaser, or assignee
shall be subject to the provisions of paragraph 17.1.
17.5. Termination of Aoreement UDon Sale of Individual Lots to Public.
Notwithstanding any provisions of this Agreement to the contrary, the burdens of
this Agreement shall terminate as to any lot which has been finally subdivided
and individually (and not in "bulk") leased (for a period of longer than one year) or
sold to the purchaser or user thereof and thereupon and without the execution or
recordation of any further document or instrument such lot shall be released from
and no longer be subject to or burdened by the provisions of this Agreement;
provided, however, that the benefits of this Agreement shall continue to run as to
any such lot until a building is constructed on such lot, or until the termination of
this Agreement. if earlier, at which time this Agreement shall terminate as to such
lot.
18. Aareement Runs with the Land.
18.1. All of the provisions, rights, terms, covenants, and obligations
contained in this Agreement shall be binding upon the parties and their
respective heirs, successors and assignees, representatives, lessees, and all
other persons acquiring the Property, or any portion thereof, or any interest
therein, whether by operation of law or In any manner whatsoever. All of the
provisions of this Agreement shall be enforceable as equitable servitude and
shall constitute covenants running with the land pursuant to applicable laws,
including, but not limited to, Section 1468 of the Civil Code of the State of
California. Each covenant to do, or refrain from doing, some act on the Property
hereunder, or with respect to any owned property, (a) is for the benefit of such
properties and is a burden upon such properties, (b) runs with such properties,
and (c) is binding upon each party and each successive owner during its
ownership of such properties or any portion thereof, and shall be a benefit to and
a burden upon each party and its property hereunder and each other person
succeeding to an interest in such properties.
19. Bankruptcy.
19.1. The obligations of this Agreement shall not be dischargeable in
bankruptcy. .
20. indemnification.
20.1. Developer agrees to indemnify, defend and hold harmless City, and
its elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal
fees and costs) and liability for any personal Injury or property damage which
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
125794.2
Page 12
May 17, 2005
II.£; "bJ 1
may arise directly or indirectly as a result of any actions or inactions by the
Developer, or any actions or inactions of Developer's contractors,
subcontractors, agents, or employees in connection with the construction,
improvement, operation, or maintenance of the Project, provided that Developer
shall have no indemnification obligation with respect to negligence or wrongfu I
conduct of City, its contractors, subcontractors, agents or employees or with
respect to the maintenance, use Of condition of any improvement after the time It
has been dedicated to and accepted by the City or another pUblic entity (except
as provided in an improvement agreement or maintenance bond).
21. Insurance.
21.1. Public Liabllltv and ProDertv Damaae Insurance. During the term of
this Agreement, Developer shall maintain in effect a policy of comprehensive
general liability insurance with a per-occurrence combined single limit of not less
than one million dollars ($1,000,000.00) with a Twenty Five Thousand Dollar
($25,000) selfinsurance retention per claim. The policy so maintained by
Developer shall name the City as an additional insured and shall include either a
severability of interest clause or cross-liability endorsement.
21.2. Workers Comoensation Insurance. During the term of this
Agreement Developer shall maintain Worker's Compensation insurance for ali
persons employed by Developer for work at the Project site. Developer shall
require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for Its respective employees. Developer agrees to
indemnify the City for any damage resulting from Developer's failure to maintain
any such insurance.
21.3. Evidence of Insurance. Prior to City Council approval of this
Agreement, Developer shall furnish City satisfactory evidence of the Insurance
required in Sections 21.1 and 21.2 and evidence that the carrier is required to
give the City at least fifteen days prior written notice of the cancellation or
reduction in coverage of a policy. The insurance shall extend to the City, its
elective and appointive boards, commissions, officers, agents, employees and
representatives and to Developer perfol1lling work on the Project.
22. Sewer and Water.
22.1. Deveioper acknowledges that it must obtain water and sewer
permits from the Dublin San Ramon Services District ("DSRSD") which is another
public agency not within the control of City.
23. Notices.
23.1. All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to City shall be addressed as follows:
Dublin/Dr. Sabri Arac Development Agreement
for Quarry Lane School Project
¡2579~2
Page 13
May 17, 2005
1l"b"?-7
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to Developer shall be addressed as follows:
Dr. Sabri Arac
Quarry Lane School
6383 Tassajara Road
Dublin, CA 94568
FAX No. (925) 829-4928
A party may change address by giving notice in writing to the other party
and thereafter all notices shall be addressed and transmitted to the new address.
Notices shall be deemed given and received upon personal delivery, or if mailed,
upon the expiration of 48 hours after being deposited in the United States Mall.
Notices may also be given by ovemight courier which shall be deemed given the
following day or by facsimile transmission which shall be deemed given upon
verification of receipt.
24. Aareement is Entire Understandína. .
This Agreement constitutes the entire understanding and agreement of the
parties.
25. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Exhibit A
Legal Description of Property
Exhibit B
Additional Conditions
26. Counteroarts.
This Agreement is executed In two (2) duplicate originals, each of which is
deemed to be an original.
27. Recordation.
City shall record a copy of this Agreement within ten days following
execution by all parties.
Dublin/Dr. Sabri Arao Development Agreement
for Quarry Lane Sohool Projeot
725194.2
Page 14
May 17, 2005
· IS'b21
IN WTTNESS WH5:RËOF. the pal"f:l~ horeto hl!lVe caused this. Agreement .
to be exeMed 85 of the date and year first above written.
CITY OF' DUBLIN:
By;
MayOr
Pate;
AiTEST:
By:
CIt)I ClerK
APPROVED AS TO FORM:
Date:
City Attorney
C5VELOPER
S",,^
Dr. Sabri Arac
1\-....;:::
Dele:; /f (. t/ ~j'
(NOTARIZATION ATTACH!:D)
DubUnlOr. 8ab11 Me Dev!lIO .irtlenl Agtèètnent
br QulIrry l,Arte 6chool ProJGC¢
I ""'2
¡=¡.ege , 5
May 17, 2OCl5
'.
lQO()2-7
EXHIBIT A
Property Description
ARAC PROPERTY
QUARRY LANE SCHOOL SITE
APN: 985-0002·006-01
Real property situate in the unincorporated area of Alameda County, State of
California, being all of that certain parcel described in the deed, recorded in
Series No. 99-310014, Alameda County Records.
Commencing at a railroad spike at the centerline of Tassajara Road (County
Road No. 2568) (55.00 feet wide) as shown on Tract Map 5925, filed in Book 241
of Maps at Page 39, Alameda County Records; thence S.85°35'44"E., 33.00 feet
to the easterly line of Tassajara Road; thence along said easterly line
S.03024'16"W., 801.02 feet to the northwesterly corner of said parcel and the
Point of Beginning thence along the northerly line of said parcel N.82°07'31 "E.,
781.19 feet to the northeasterly corner of said parcel; thence along the easterly
line of said parcel S.01°18'31"W., 557.80 feet to the southeasterly corner of said
parcel; thence along the southerly line of said parcel S.82°07'31 "W., 802.00 feet
to the southwesterly corner of said parcel; thence along the westerly line of said
parcel N.03°24'15"E., 561.50 feet to the Point of Beginning
Containing: 10.01 Acres.:!:
2Di>Q-¿ 7
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subparaaraph 5.3.1 -- Subseauent Oiscretionarv Approvals
None.
Subparaaraph 5.3.2 -Mitiaation Conditions
Subsection a.
Infrastructure Seauencina Proaram
The Infrastructure Sequencing Program for the Project is set forth below.
(I) Roads:
The project-specific roadway improvements (and offers of
dedication) identified in Resolution No. 04-046 of the City of Dublin Planning
Commission approving Site Development Review for PA 99-064 (hereafter "SDR
Resolution") shall be completed by Developer to the satisfaction of the Public
Works Director at the times and in the manner specified in the SDR Resolution
unless otherwise provided below. All such roadway Improvements shall be
constructed to the satisfaction and requirements of City's Public Works Director.
(Ii) Sewer.
All sanital)' sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with DSRSD
requirements.
(Iii) Water.
An all weather roadway and an approved hydrant and water supply
system shall be available and in service at the site in accordance with the
tentative map conditions of approval to the satisfaction and requirements of the
City's fire department.
All potable water system components to serve the project site shall
be completed in accordance with the DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map conditions of approval.
(iv) Storm Draina~
21~Z.1
The storm drainage systems off-site, as well as on-site drainage
systems forthe areas to be occupied, shall be improved consistent with the
Drainage Plan and tentative map conditions of approval and to the satisfaction
and requirements of the Dublin Public Works Department applying City's and
Zone 7 (Alameda County Flood Control and Water Conservation District, Zone 7)
standards and policies which are in force and effect at the time of issuance of the
permit for the proposed improvements. Pursuant to Alameda County's National
Pollution Discharges Elimination Permit (NPDES) No. CASOQ29831 with the
California Regional Water Quality Control Board, all grading, construction, and
development activities within the City of Dublin must comply with the provisions
of the Clean Water Act. Proper erosion control measures must be installed at
development sites within the City during construction, and all activities shall
adhere to Best Management Practices.
(v) Other Utilities le.a. aas. electricitv. cable televisions.
telephone) ,
Construction shall be completed by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of
occupancy.
Subsection b.
Miscellaneous
(i) Completion Mav Be Deferred.
Notwithstanding the foregoing, City's Public Works Director may, in
his or her sole discretion and upon receipt of documentation in a form
satisfactory to the Public Works Director that assures compietion, allow
Developer to defer completion of discrete portions of any public improvements for
the Project if the Public Works Director determines that to do so would not
jeopardize the public health. safety or welfare.
Subparaaraph 5.3.3 - Phasina. Tlmina
This Agreement contains no requirements that Developer must initiate or
complete development of the Project within any period of time set by City. It is
the intention of this provision that Developer be able to develop the Property in
accordance with its own time schedules and the Project Approvals.
Subparaaraph 5.3.4 -- FinancinCl Plan
Developer will install all Improvements necessary for the Project at its own
cost (subject to credits for any improvements which qualify for credits as provided
in Subparagraph 5.3.6 below).
2'2"bt.l
. Other infrastructure necessary to provide sewer, potable water, and
recycled water services to the Project will be made available by the Dublin San
Ramon Services District. Developer will enter into an "Area Wide Facilities
Agreement" with the Dublin San Ramon Services District to pay for the cost of
extending such services to the Project. . Such services shall be provided as set
forth in Subparagraph 5.3.2(a)(ii) and (Iii) above.
SubnaractraDh 5.3.5 ." Fees. Dedications
Subsection a.
Traffic Imnact Fees.
Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF")
established by Resolution No. 225·99, including any future amendments to such
fee. Developer will pay such fees no later than the time of issuance of building
permits and in the amount of the impact fee In effect at time of building permit
issuance.
Developer further agrees that it will pay eleven percent (11 %) of the
"Section 1/Category 1" portion of the TIF in cash.
Developer also agrees that it will pay twenty-five percent (25%) of the
"Section 2/Category 2" portion of the TIF in cash. If City amends its TIF fee and
as a result the City's outstanding balance due on loans is less than 25% of total
Section 2/Category 2 improvements, the Developer shall pay such reduced
percentage of the "Section 2/Category 2" portion of the TIF in cash.
Subsection b.
Traffic Imnact Fee to Reimburse Pleasanton for
Freewav Interchanaes.
Developer shall pay the Eastern Dublin 1-580 Interchange Fee established
by City of Dublin Resolution No. 11-96 as amended by Resolution No. 155·98
and by any subsequent resolution which revises such Fee. Developer will pay
such fees no later than the time of issuance of building permits and in the amount
of the impact fee in effect at time of building permit issUance.
Subsection c.
Public Facilities Fees.
Developer shall pay a Public Facilities Fee established by City of Dublin
Resolution No. 214-02, including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and in the
then-current amount of the fee. .
23~2Î
Subsection d.
Noise Mltiaation Fee.
Developer shall pay a Noise Mitigation Fee established by City of Dublin
Resolution No. 33-96, including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and in the
amount of the fee in effect at time of building permit issuance.
Subsection e.
School Impact Fees.
Unless the project is exempted by law from the payment of such fees, the
Developer shall pay school impact fees imposed by the Dublin Unified School
District
Subsection f.
Fire Imoact Fees.
Developer shall pay a fire facilities fee established by City of Dublin
Resolution No. 12-03 Including any future amendments to such fee. Developer
will pay such fees no later than the time of issuance of building permits and In the
amount of the fee in effect at time of building permit issuance.
SubparaClraph 5.3.6 -- Credit
Subsection a.
Traffic Impact Fee Improvements -- Credit
City shall provide a credit to Developer for those improvements described
in the resolution establishing the Eastern Dublin Traffic Impact Fee If such
improvements are constructed by the Developer in their ultimate location. All
aspects of the credit shall be covered by City's Administrative Guidelines for
Eastern Dublin Traffic Impact Fees (Resolution No. 23-99 (''TIF Guidelines").
City acknowledges that pursuant to the Annexation Agreement Between
City of Dublin and Dr. Sabri Arac for the Quany Lane School Project, dated
November 21, 2000 ("the Annexation Agreement"), Developer is entitled, by
virtue of its advance of $409,500 towards the Tassajara Interchange project, to a
credit in the amount of $409,500 to be used by Developer against payment of
Category 1 TIF Fees, subject to the limitations set forth in the Annexation
Agreement.
Subsection b.
Traffic Impact Fee Riaht-of-Wav Dedications -.
Credit
City shall provide a credit to Developer for any TIF area right-of-way to be
dedicated by Developer to City which Is required for improvements which are
described in the resolution establishing the Eastern Dublin Traffic Impact Fee.
All aspects of the credits shall be governed by the TIF Guidelines.
'7 '-1 tí/J '2- 7 .
AGENDA STATEMENT,.;.
PLANNING CO'MMISSION MEETING DATE: April 26, 200S
'~¡.
SUBJECT: ,
.,'¡:--:'
.....
PUBLIC ßEARJNG: P A 99-064 Dr. Sabri Arae - Quarry Lane School
DevëldpmentAgreel1lent for Quarry Lane School -;,:'
Report preþared by; Janet Harbin, Senior Planner C¥:'
. " .
ATTACHMENTS:
1. Reaolütion recdml1lendJng City Council approve ili¡;'bevðloprnent
Agreemwt between the City of Dublin and Dr. Sabri Arae (attached as
Exhibit A) ?
PROJECT DESCRIPTION
":::':.'T:'":";"
ê~!r",T'":-
1. Op¡m Public Hearing and receive Staffpresentatioii;',
2. Take testimony from the Applicant and the Public;"
3. ClOse the Public Bea.rjng and deliberate; and, " ,,:;,,'
4. AdopttheResolut!oJ¡reco=ep.ding City Councíl4Pprove the "
Developìue1,1.t Agreeme1,1.t (Attachment 1 with DevelOpment Agreement
attoohed as Exbibít A) "',
.~;~~~';.,' .
':~(J"'~.
RECOMMENDATION:
.-
The Applicant, DL Sabri Arac of Quro:ry Lane School, is requemng approval of a tí~:¡i'elopment agreement
with the City to allow construction of Phase 2 of the privately owned school at 6363'tassajara Road.
Phase 2 ofpo,arry Lane Schoolçonsists of70,289 square feet ofdassroom faeilitie~FâgymnaSiul1l,
playiJig field; parking and 13.riasÒaped aréas to ac¢ömmoqate nlidd.)é.andliîgh school¡;rades. JL\.PlannM
Development Distriêt rezoroJ¡g and Site Devdopment RevÎl::w wire previously appt1J;)!ed for the project,
and would be further implemented through the DevelopII!~t Agreement.:""
. .
The project site is located OIl the north of the northëast side of Tassajara Road, appióX1Inately 3 miles
north ofI-58b inthë Eastern. Dublin Speeifie Pian area. Additionälly, the 3.7 acre sJt6is located betWeën
the Dublin Raneh devëlo¡pment to the south and the Silvera Ra.ri.bh to the north. '.;;,
. M..'_'.
Background:
'-~.'.~ .
On December 19, 2000 the City Council adopted Ordinance No. 24-00 approving aPlänned Development
Rezoning and Stage 2 Development Plan, fOr Phase 2 of the Quarry Lane Sehool, located within the
Eastern Dublin Speeifie Þlan area. ill conjunction with the rezoning appHcation, th~property along with
the 'adjaeent Kobold property, was approved for annexàtion to the City. The first pIfå§e of the school
development was approved and construeted under Alameda Cou:nt)" s jurisdiction, prior to annexation. to
the City.
Development Af!I'eeme71t . ~'^~-- .'.
One of the implementing measures of the Eastern Dublin Specifie Plan is the requirf#hent that the City
. enter into a Development Agreement with developers in the Plan area. The Develo@~ent Agreement
provides seeurity to the developer that the City will not change its zoning and otherJ!!~s applicable to the
~________~___________M_____-'___________~~________________________________~_________--~~-~-------------
COPIES TO:
ApplicanVProperty Ownef:,'
Developer . ::;:::~_
In-House Di~bUti°AtfKt~ J-
G:\PA#\1999\99-064 Quo1TyLan.'Dov Agre.II'CSR DA 4-26.00'
project fora specified period of time. The bene£itto the City of entering into a DevelopJ¡}ent A;te~~t--! 'v
Wìth the Property owner is that the do=ent is aeontract that ensures that the goals of the Ea$tem Düblin.
SPëcijieNapare. met !md the ii1.fraStruCturl!f¡¡.cjJjtii~s for the.a,tea. fit :: colJ$truewd with eø,ch develQproent .
phase, AdditionallY, it e lSures that dedications ofproperty311d easements aremad<;, pri>ject Phasing is
followed, the appropriate fees are paid for the development, and arty additioilâ1 t=s of the agreement are
met as th.e development proceeds.
Approval of development agre;irtents is by adoption ofan ord.inanoe by thi:\ City Council upou a
recommendation by the PlaI:UJing Cötamissiön, The proposed Deve1opme11t Agreement between the City
of DübIin and Dr. Sabri Mile. fo!, the Quarry Lane School project(p A 99~064) is contained in Exhibit A
of Attäcbme!Ît1,~eResi>ll.ltiO l re6Q lli1,)en~g; City .counci! appl"QyaJ of the DeŸe)opm~t Agì"eeIPent
The fQt,q1¡¡,tIWd struoture oftlte Deve10pmøt À1i7,,¡;11;lent forPt.Sa.Þri Arac's project is based on tl1¢
standard Dev.elopment Agreement developed by the City A1:tÓIDi:\Y ilJ,idadopted by the City Council for
Eastern WbUn Specific 1'1311 projects.
ANALYSIS
,
.'
The City Attorner¢aftedthçPröpósedDeveloptn~t Agteethentfor þr..Säbri Mac, chief aéI.nilitistrator
for q1J!lttYLa,ne.~c1:tOoî..Withi¡¡pµt,¡¡-pm City st#:t;*:~Ws.!'ep!'~,~t~ijves, 311dbis attQÍ :l"'Y. Pajjici¡¡,
Cai'tin, 'I'he Develbpment Agre¡¡rnen! Se.tS forth thè agr¢ehlentþ~èer. the.'Qityand Dr. Mac in relation to
m311Y items, including, but not limited tQ, timing and phasing, projeptarid (Jff"~ite irt:ftastructure, a1\d
payment, waiver or credit of fees. . The Development Agreement runs with the lLµ1dand tile rig'b,tsther¢
under can be. assigned. The main points of the Development Agreel)lent can be fomid in EXhibit A of .
Attaohment 1, and.arl,'\ bighltghted belo\\,:
TermAgteg11lß1Jtl<,rh.asÎJt¡;: ... ... ... ... ... ... .. ...... . ..i . .... ... ...... .... .....
TheJÀeY.e¡9Pmep:tl\~een-¡e!1t beoolneseífe.ctiveforat¡:plj. ofii~eyelJIsij:9 11m., date it.ii3aPRr9x~di All
constRI..cÌio? (}flliesehool's expand,¡'df~t;ies wíl1tåkeplacejnoriephasè, . . .. . . .
. .
InftastrÙcture Construction and Traffic i",p4ct Fees: ..
The City n~quires that Devèlopers $. Eastern. DUblmpa,y traffle Îl:J'Jpa,ct fees for certain City wide.
imprÖVeh1ents tofue circulation system. AdditiGmlll)y, fees¡¡t~ cl1år'gedfo,¡:c.,rwi-n cji'cuJ.¡¡,ti.ón
improvements specific to Eastern Dublin, The City déte¡mine~ ~ dÎrectprÇJjecti¡p.pactthrÇJugha tn¡£fic
study that hasbeer1 conducted fór the development; . A traffic study waspr¢!parêd in conjunction with the
,elated annexation of the property in 2000 Imd approval of the Arinexation Agreement. The proj eet
speeifiëi:inprov=ents and dedications are contained in the. Site Development Review Conditions of
Approval for the Quarry Lane School project, approved.by Plann1llg Cotamissioni}esoll,ltion No, 04-046,
and referenced in the Development Agrèementin ExhibitA toAttacllrt1r1ft.1, Suþsl,'lenon 5.3.2(a)(i),
Additionally, credits to impaet fees are addressed in. Subsection 5.3..6 of the Agreement.
Ot'MrFees:
The Development Agreement also addresses the payfuent of the PublJc Fá6ilities Fee, Noise MitigatiQn
Fee, School Fees, Fire Impact Fees and the Tri -Valley Transportation DevelópIllent Impact Fee required
of developers in the Eastern DUbb11. Speoific Plan are8. (Refer to Subsection 5.3 .5ea through f) of the
Development Agreement in Attachment 1.)
Other lnfrastructµre i1l1pro.vernents:
The Development Agreement also provides for the construction of certain other improvements to serve
the project site such as off-site sewer, water supply systeDl and hydrants, sto=drainage system and other
utility serviees, such as gas and eleotric provision. (Refer to Subsections 5.3.2(a)(ii through v) of the
Development Agreement in Attachment 1.)
2
CONCLÚSiON:
7 GJb t. Î)1
ApprovaloHhis Development Agreement will implement provisions of the Eastern Dublin Specific Plan,
and the conditions of approval specific to the Quarry Lane School expansion project The proposal is
consistent with both the General Plan and the Specific Plan.
ENVIRONMENTAL REVIEW
.
n
The Eastern Dublin Specific Plan was adopted in 1994 and has a certified Program EIR (SCH No. 91-
103064). The City of Dublin, as the Lead Ageney, prepared a focused Initial Study and Mitigated
Negative Declaration for all applications relatr::d to the proposed project in 2000. The Mitigated Negative
Declaration for P A 99-064 was adoptr::d by the City Cüuncil on November 21,2000.
REcoMNìENDATJØN:
Staff reooDl1i.lends thePlanrring Cörriniission; 1) Opeþ. Publie Hearing a.n.d hear the Stáff presentation; 2)
Take testimony frOID the Applica.n.t and the Public; 3) CloM the Public Hearing and deliberate; and" 4)
Adopt Resolution (Attäch:oient 1 with Development Agreement attached as ExbibitA) reeom:rhel1di.n,g
City Council adopt art, Ofdìnancë,approviilg a Development Agrëement between the City of Dublin and
Dr. Sabri Arac for thr:: Quarry Lane SchooL
..
3
....
,GENERAL,1I\JFöIWAnON:
.APptlêAN':!:Y
PROPERTY OWNER(S)
¿16f:?-7
Dr. Sabri Arne, President
Quarry Lane School
6363 Tassäjant Road
Dublin. CA 94568
LOCATION:
6363 TassajaraRoad
.APN:
9E5-0Ö02-006-0 1
EXISTING ZONING:
Plartned ti,ëV~lopnient
GENERAL PLAN DESIGNATIONS: MediÙDJ.Density(6.1to14 dwellin~lUÛtspera,*)Re¡¡Ìderiti!\l
Ruräl Resideritial/Agriculture (0,01 dwe¡¡lligunit peJ,'acre)
SPEcîFIb PL,ðNDESIGNA TION: MëdiÌili1Pengity (6.1 ,to 14 dwe1Íllig IUÛtS per acre) ,!{ésid~üäl
RuralRcsilienti.âlJ Agrioult:ure (0;01 dwelling umt p~ªc:re)
ENVIRONMENTAL REVIEW: The EaslëJ;n Dublin S¡:¡eCifk ;Plan w6Ì1 adopted iI(.1994 and lw;a
oertified Program. EIR, (SOH No. 91-10:3064). The City ofDu'blin, as
the Lea,dAgenoy, prepared a fooused Wtial Stuqy and Mitigated
Negative Deólaration for all appl¡catíons t~lated to the proposed
project jn 2000. The Mitigated Negative DeClaration for P A 99_064
waS adopt",a by the City Council on Nove¡¡¡ber 21, 2000.
4